The Pacific Reporter, Volume 121West Publishing Company, 1912 |
From inside the book
Results 1-5 of 100
Page 8
... charge . In referring to this point , counsel , in their brief , say : " The learn- ering a number of cases , none of which was referred to by the pleadings and evidence in the case , and [ the charge ] was therefore well calculated to ...
... charge . In referring to this point , counsel , in their brief , say : " The learn- ering a number of cases , none of which was referred to by the pleadings and evidence in the case , and [ the charge ] was therefore well calculated to ...
Page 9
... charge . The court then concluded the charge as follows : " If , upon any of these issues , you find that the evidence is equally balanced , or that the preponderance is in favor of the defendant , then you must find such issue for the ...
... charge . The court then concluded the charge as follows : " If , upon any of these issues , you find that the evidence is equally balanced , or that the preponderance is in favor of the defendant , then you must find such issue for the ...
Page 10
... charge , so far as it relates to stopping and to remain standing , is in the exact language of the statute . In this connection , the court , in effect , further charged the jury that if respondent failed to comply with the duty thus ...
... charge , so far as it relates to stopping and to remain standing , is in the exact language of the statute . In this connection , the court , in effect , further charged the jury that if respondent failed to comply with the duty thus ...
Page 11
... charge pursuant to his fore- man's orders was so obvious as not to justify him in following his foreman's orders held a jury question.3 [ Ed . Note . - For other cases , and Servant , Dec. Dig . § 289. * ] see Master 9. MASTER AND ...
... charge pursuant to his fore- man's orders was so obvious as not to justify him in following his foreman's orders held a jury question.3 [ Ed . Note . - For other cases , and Servant , Dec. Dig . § 289. * ] see Master 9. MASTER AND ...
Page 14
... charge admitted for one purpose only ; that is , " as a part of the evidence in the case bearing upon the question as to whether the place was dangerous , and is to be considered with the other evidence in the case determining that ...
... charge admitted for one purpose only ; that is , " as a part of the evidence in the case bearing upon the question as to whether the place was dangerous , and is to be considered with the other evidence in the case determining that ...
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Common terms and phrases
Ada county affidavit affirmed agreement alleged answer Appeal and Error appellee assessment authority bank Cent certificate charge claim Code Colo complaint Constitution contract counsel court of equity damages decree deed defendant's demurrer denied District Court ditch EMINENT DOMAIN entitled equity evidence executed fact fendant filed granted held injury instruction issued judge judgment jury Kay county land liable lien ment mortgage motion MUNICIPAL CORPORATIONS negligence Note Note.-For notice NUMBER in Dec owner parties payment person petition plaintiff in error pleadings possession proceedings purchase purpose question quiet title railroad reason record Rep'r Indexes replevin respondent rule section NUMBER Series & Rep'r statute street Superior Court Supreme Court sustained testified testimony thereof tiff tion topic and section tract trial court trust verdict Wash witness
Popular passages
Page 430 - An accommodation party is one who has signed the instrument as maker, drawer, acceptor or indorser, without receiving value therefor, and for the purpose of lending his name to some other person. Such a person is liable on the instrument to a holder for value, notwithstanding such holder at the time of taking the instrument knew him to be only an accommodation party.
Page 204 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Page 118 - By reason of the negligence of any person in the service of the employer who has any superintendence entrusted to him whilst in the exercise of such superintendence...
Page 230 - In case of the death, or other disability, of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Page 184 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 239 - All laws in force in the Territory of Oklahoma at the time of the admission of the State into the Union, which are not repugnant to this constitution, and which are not locally inapplicable, shall be extended to and remain in force in the State of Oklahoma until they expire by their own limitation or are altered or repealed by law.
Page 91 - The use of all water now appropriated, or that may hereafter be appropriated, for sale, rental, or distribution, is hereby declared to be a public use, and subject to the regulation and control of the State, in the manner to be prescribed by law...
Page 267 - State do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries thereof...
Page 426 - ... without due process of law, contrary to the Fourteenth Amendment of the Constitution of the United States.
Page 282 - In superior courts a receiver may be appointed by the court in which an action or proceeding is pending, or by a judge thereof, in the following cases: 1. In an action by a vendor to vacate a fraudulent purchase of property...